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Criminal law — Parole — Whether order extending parole ineligibility period under s. 743.6(1.2) of Criminal Code, R.S.C. 1985, c. C-46, can be made after sentence of imprisonment of two years or more imposed if credit for interim detention reduces sentence to less than two years.
On July 7, 2006, the Respondent entered guilty pleas on three counts of trafficking in narcotics, conspiracy to traffic and participation in the activities of a criminal organization.

The parties agreed to make a joint recommendation to the judge that the Respondent be sentenced to 39 months in a penitentiary less the months he had spent in interim detention, such that the actual sentence was 23 months in prison as of that date. The judge approved the suggestion.

However, the parties did not agree on whether s. 743.6(1.2) of the Criminal Code, R.S.C. 1985, c. C-46, could be applied to delay the Respondent's parole eligibility.

After weighing both parties' arguments, the judge concluded that, although the actual sentence was for less than two years, account had to be taken of the sentence as a whole, with the result that s. 743.6 applied and was imposed on the Respondent. However, the Quebec Court of Appeal set aside the order.